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(영문) 광주지방법원 2015.05.28 2014노954
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The judgment of the court below that found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, although the victim did not have any injury to the victim, and the victim did not have any injury to the victim, in spite of the fact that the victim's injury was caused by the defendant's act, in order to remove the defendant's hand by force in the process of cutting the remains of the victim.

B. The Defendant’s act against the victim of legal principles constitutes self-defense or legitimate act.

C. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

A. In light of the following circumstances revealed through the evidence duly adopted and examined by the court below, it can be recognized that the defendant suffered several injuries and injury as stated in the facts constituting the crime in the judgment below, so the defendant's assertion of mistake of facts is without merit.

1) From the investigative agency to the original trial, the victim consistently stated from the investigative agency that “The defendant laid the remains of the victim’s body in his/her own body while making a charnel in the mountain in his/her line with the victim’s body without the victim’s permission, and the defendant’s defect in his/her efforts to recover them again prevents the victim from leaving the body of his/her descendants and left the body of his/her fingers on several occasions, and the defendant and the related persons in the sixth degree E, who were at the scene of the victim at the time, consistently stated that “The defendant and the related persons in the sixth degree E, who were the victim at the time, laid the remains of the victim’s body, were taken away by the victim’s body, and the victim tried to find them, and the victim took the body from the body of the victim and got the victim’s body. As such, the victim’s testimony was consistent with the victim’s statement.”

3 Proceedings K are drawn up on May 9, 2012.

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